G.D. Hancock, Ph.D.

Tennessee

Tennessee has one law on supplying drugs that cause a death.

Statutes last checked 7 October 2026 · Not legal advice

Supplying drugs that cause a death

Second-degree murder (drug distribution)

A killing that results from unlawfully distributing a Schedule I or II drug that is the proximate cause of the user's death, or from unlawfully distributing, delivering or dispensing fentanyl or carfentanil (alone or combined with other controlled substances) that is the proximate cause of death. Where the person who died was a minor, the sentence is one range higher.

Statute
Tenn. Code § 39-13-210(a)(2)-(3)
Penalty
Class A felony: 15 to 60 years. (Tenn. Code § 40-35-111(b)(1))

Tennessee's official code is published by LexisNexis; the links here go to FindLaw's copy, which was current as of January 2024. Tennessee amended its Good Samaritan law in 2025; check the official code for the current text.

Calling for help: the Good Samaritan law

A person who seeks medical help in good faith for someone overdosing, and the person who overdosed, cannot be arrested, charged or prosecuted for drug possession, paraphernalia and some alcohol offenses when the evidence came from seeking help. It does not cover distribution or second-degree murder. Giving first aid may be a mitigating factor in other prosecutions.

Statute: Tenn. Code § 63-1-156

Does calling for help protect against the drug-death charge? No.

The Good Samaritan law does not list the drug-death offense, so it does not protect against that charge.

Whatever the law says, if someone is overdosing, call 911. A life comes first. More on calling 911.

Federal law

Federal law applies in every state. When death or serious bodily injury results from using a Schedule I or II drug that a person distributed, federal law sets a mandatory minimum of 20 years and a maximum of life. Federal prosecutors can bring this charge whatever the state law says. (21 U.S.C. § 841(b)(1)(A)-(C))

Cases from Tennessee in the database sample

14 cases in the published sample of the drug-induced homicide case database were prosecuted in Tennessee. The database is still being built; the complete version will be published when it is finished.

Sources

  1. Tenn. Code § 39-13-210(a)(2)-(3)
  2. Tenn. Code § 40-35-111(b)(1)
  3. Tenn. Code § 63-1-156
  4. 21 U.S.C. § 841(b)(1)(A)-(C)

Links to FindLaw go to its copy of the state’s code, used where the official code is published only through LexisNexis or will not display without JavaScript.

About this information

This page describes what the statutes say, as of 7 October 2026. It is not legal advice, and it can’t tell you how a court will apply the law to any particular case. Laws change; check the statute, and please speak to a lawyer in Tennessee about your own situation.